The implications of gender inequality and land allocation South African rural areas: a theoretical perspective

The purpose of the study is to examine the factors and physiognomies that perpetuate unequal allocation and distribution of land between men and women in rural areas. Land is regarded as an instrument towards poverty reduction, increased economic growth and economic development. Gender inequality on allocation of resources such as land continues to manifest not only in African countries but throughout the globe. Moreover, the criteria in which the land is allocated plays a pivotal role in the lives of the people. The resources are still allocated based on the role played by men and women within the society. Although, the post-apartheid South African government formulated laws and policies that aimed to redress the inequalities that still exist in many communities. Cultural roles and beliefs still define how men and women should conduct themselves within the households and communities at large. The study argues that there is a continued limitation of access to and ownership of land by women. Cultural and gender stereotype still influences how land is allocated among men and women. The study concludes that due to culture, men are given the privilege to have access to land and take over their family’s inheritances while women are expected to get married and live with their husband’s family. As a result, women continue to suffer the hardest with limited access to land. © 2024 by the authors. Licensee Bussecon International, Istanbul, Turkey. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution


Introduction
The world is characterized by limited resources that need to be shared equally amongst the population however, there is a high degree of unequal distribution of land.Women tend to have limited access to land and own less land than men in all regions and in many countries around the world (Doss, 2015).Over the past years, researchers have made a variety of generalized claims regarding land allocation and female land ownership.These claims include statements with single statistics where women own less than a percent of the world's land (Doss, 2016).This means that enhancing access to land by women is regarded as the most critical factor in addressing gender inequality Land is regarded as an instrument towards poverty reduction, increased economic growth and economic development.Moreover, the criteria in which the land is allocated plays a pivotal role in the lives of the people (Lambrecht, 2016).The manifestation of gender roles in social rights and entitlement has led to unequal allocation of land.Women tend to face more difficulties when coming to access to land due to what society has labelled women to be thus, this contributes a lot towards their inability to participate or voice out their views during community meeting.
There was a high degree of gender inequality during the South African colonial era (Moagi, 2015).The criteria used to allocate land during the apartheid period distributed most of the farmlands to men as household heads, thereby further deteriorating women's right to land (Grusky & Kanbur, 2015).In many communities, land is purported as a lineage, family property that should be controlled by heads of the families, and if the man dies his son or male member of the family will take over the inheritance.Due to African culture and beliefs, activities such as childcare, caring for the elder, selling at the markets and performing household duties are considered to be women's normal work.Women's lack of access to land increased their vulnerability to poverty and low self-esteem in the eye of society.Most of the world's population living under poverty includes women with no or lack of access to land (Doss & Meinzen, 191 2015).Equal ownership and control over land remains a big challenge for rural women while men tend to be at an advantage in acquiring land in rural areas (Moagi 2015).Women suffer the hardest after the death of their spouses, as all the fortune or inheritance such as land is given to a male relative of the family.

Conceptualisation and Contextualisation of Gender Inequality
Gender inequality can be regarded as unequal and unfair treatment of women as a result of culture, norms and what the society has labelled women to be.Societal perception of women as naturally unequal with men gave rise to arbitrary social construction of gender roles between men and women, in which men come first in the scheme of things.Men dominate the economic sphere and political positions of decision making while the role for women is believed to be in the domestic front, consisting mainly of menial endeavours that do not yield economic and political empowerment.The result of gender discrimination is therefore the unequal distribution of wealth in favour of men, hence the prevalence of women's poverty.Gender inequality remains inescapable around the world nowadays, despite the critical financial and social advance of the final century, there is no area in the world where women have the same lawful, financial and social rights as men.Hence the issues are felt by the women, the cost of social orientation imbalances cut all over the society and the economy (World Bank, 2018:5).
Gender inequality continues to be a major problem encountered by most of the third world countries, especially in terms of resource allocation within the household and society (Akinboade, 2008;Vlachantoni, 2012).The resources are still allocated based on the role played by men and women in communities and furthermore, the manifestation of gender stereotypes in communities also has a major impact that restricts women and men's capabilities.For instance, there are certain beliefs and cultures that inhibit men or women from participating in certain activities as they are considered to be off-limits or taboo.Men are considered as the household heads and have the power to make decisions while women are suppressed and responsible for performing household chores, childbearing and caring for the kids and elders (Doss, 2016).
Gender inequality is one of the perpetuating factors that denies men and women equal platform to participate in different activities within the communities or certain aspects of social life (Ajala, 2017).It further creates a widening gap between men and women that also affect everyone's living experience especially in households and workplace whereby there is unequal power relations.The burdens of unemployment, poverty and vulnerability to disease contributes to the differences between men and women since women suffer the hardest to gain access to and ownership of resources and to also have equal power as men in decision making.Scholars confirmed that women experience gender inequality at an early age, which places them under unpleasant circumstances throughout their lives (Grusky& Kanbur, 2015;Hull, 2018).In most countries, boys are most likely to be favored by their parents with more chances of being educated while girls drop out of school at an early age because of discrimination and the societal believe in gender stereotype whereby women are expected to take care of the children and perform household activities while men provide for their families (Hull, 2018).
Historically men have been seen as more significant and heroic when compared to women and the idea that men are stronger and more masculine than women gave them more advantage to participate in social and political aspects of life (Kahn & Motsoeneng, 2014).Women are often excluded in participation processes as they are considered to be inactive and less educated.Around the globe it is still more challenging for women to find decent job than it is for men.Hence Hull (2018) confirmed that women work in less paying jobs and sometimes paid in in-kind.In the past, laws and custom gave men authority to own women as their properties thus, this led to the perpetuation of gender-based violence which woman continued to tolerate all these years.Scholars confirmed that gender-based violence continues to be a global problem whereby women and children are being raped, killed and beaten by their fathers, husbands or partners (Hoffman & Kloska, 2015).It is therefore evident that cultural norms and beliefs are one of the reasons that gender inequality continues to be a universal problem.

The Theoretical Incision The Critical Feminist Theory
Feminist focuses on the ways in which literature or cultural productions reinforces or undermines the economic, political, social, and psychological oppression of women (Steyn 2014).Feminist theory was created in response to patriarchy.Feminism views patriarchy as a social system in which men have a concentration of power, and women are systematically excluded (Reichert, 2006).Feminist critics believe that the inside of any power inequity, the default experience is always the most dominant.According to the theory, male experience as the standard by which the experience of both sexes is evaluated.Within society, women deal with false binaries that control their existence (Gutierrez & Lewis, 1999).For example, being logical is more accepted than being emotional, or being a virgin versus possessing sexual freedom.It believes that one of the main objectives of patriarchy is to turn women against each other.Feminist theorist believe that patriarchy does not just hurt women, however, also men who may not fit into the full masculine identity (Lee, 2001).Feminist theorist try to recover works by women, analyse representations of women that forward or subvert patriarchal assumptions about gender, and showcase female characteristics as desirable.

Gender Inequality and Land Allocation in South Africa
Women's right to secure land remains one of the most difficult issues in South Africa.Having access to and ownership of land it an opportunity itself, it provides social prestige and to gain political power, thus this shows that land is not only the source of income, food and employment it is beyond measures (Whittal, 2016).Landless people are the ones vulnerable to poverty, with no power to influence the decision-making processes and present their interest to the communities or in groups.Poor landless people are isolated from the communities.In terms of gender inequality, women are ones who are alienated from all community meeting and gathering.In South Africa, Kgoro is regarded as a place where all members of the community gather to discuss their matters and concerns thus, those who have ownership of land are the ones who often make decisions regarding all the matters of the community (Masango, 2015).
Land has long been recognized as key to advancing the socio-economic rights and Wellbeing of women and their position in society.Yet access, control and ownership of land largely remain the domain of male privilege, entrenching patriarchal structures of power and control over community resources, history, culture and tradition.For the majority of women in South Africa, access to land is still linked to their relationship with a male family member and is forfeited if the relationship ends (Gilbert, 2015).Even where land reform policies include gender equality goals, these tend to fade when it comes to implementation.The lack of serious attention to gender equality reinforces the marginalised position of women and undermines mainstreaming efforts to improve women's rights.It also hampers broadly with strategies for economic development (Gilbert, 2015).While civil society advocacy and government programmes to reform disparities in land-tenure regimes have removed some of the historical legal barriers, land remains an unachievable aspiration for the majority of the rural people (Hull 2015, Masango, 2017).Women's prospects for socio-economic upliftment through secure tenure appear particularly grim even more so as the global demand for land for large-scale agriculture and mining increases land scarcity, fuelling a rise in land prices and fierce competition for control (Simbizi, 2014;Bennett;2015& Zevenbergen, 2019)).
Women in rural areas are denied access to land thus, ownership and control over land remains in the hands of men.This exclusion denies women the social, economic and political autonomy that is vital for full membership in a given society, exercise of functions relating to property, and the capacity to fulfil reciprocal obligations and responsibilities within the community (Zevenbergen, 2017).Land represents the vehicle through which women can move from the reproductive (private and non-work) realm to the productive (public and work) realm.Women's rights to land in South Africa have been affected by a convergence of, on one hand, government policies related to the current shift towards greater commercialization and competition for land and, on the other hand, discriminatory customary law (Zevenbergen, 2017).
Land is mainly controlled by male household heads, with the assumption that the rights are held in trust for all in the household.Women are relegated to a subordinate position in accessing land predicated on husbands, fathers, uncles, brothers, and sometimes sons.Access to land rights is also linked to violence against women, women's participation in the political arena, and women's voice in the domestic, local and national spheres.Women's rights to land are thus critical in the quest to create more egalitarian societies in Africa (Moyo, 2018).Indeed, it has been demonstrated that granting rights to women contributes to the national and household imperatives of family welfare, food security, empowerment, economic efficiency and poverty alleviation.
The South African land allocation process was influenced by apartheid laws and policies, which perceived the unequal provision and allocation of land (Hull et al, 2016).However, there are strategies formulated to address the issues related to land allocation.Land Reform in South Africa is divided into the land distribution which provides land to the homeless or the poor population from absentee landlords, land owned by the foreigners and farms that are excessive in size (Sehume, 2019).Land restitution as a second form of land distribution is executed when the land that was wrongfully taken during the apartheid period is now given back to the rightful owners.Hence, if the property cannot be restored, then financial compensation is provided to the wronged party.The third type of land redistribution is "land tenure" which focus attention on the social, political and economic support needed for institutionalized transactions in rights in property (Hull, 2016).
Gender in multiple land functions since land ownership indicates a person's identity, social standing and citizenship, the negation of women's rights to land has implications at the national, family and household level.Social standing is also influenced by gender, age and marital status, raising the need for holistic policy responses to transform the position of women in Africa (Moyo, 2018).The subject of land rights in South Africa is complex because of the multiplicity of claims to land and land-based resources (Bennett, 2015;Hull, 2015).

The Criterion Land Allocation in South African
Currently within the land redistribution programme the vulnerable groups and the marginalised have not been given sufficient opportunities to have access to land.It is therefore critical for the State to prioritise the most marginalised and the vulnerable groups, specifically small holder producers, women, youth (including agricultural graduates) and people living with disabilities, rural and peri-urban residents and military veterans.The lack of a credible and transparent process for land allocation and beneficiary selection has resulted in manipulation of the process.There is gender inequity in.
Land tenure in South Africa is influenced by politics, race, location and traditions (Weideman, 2004).There are currently a variety of tenure systems in South Africa (Cousins & Hornby, 2006), which Törhönen (2004) refers to as multi-layered tenure, which is linked to insecurity of land tenure (van Asperen, 2014).In rural areas, communal tenure is said to be the predominant tenure system (Kitchin & Ovens, 2013), and the land is legally owned by the State (Weideman, 2004) under the administration of traditional councils (Kitchin & Ovens, 2013) and therefore the traditional authorities continue to play a major role in allocating land to rural people.During the apartheid period, Black people in rural areas of South Africa were not able to own land; they were only able to occupy or legally use land (Riba, 2010), although there were exceptions.A use right, called Permission to Occupy (PTO), was granted to the head of a household allowing him or her to occupy and use a certain piece of land.The system of issuing PTOs is still active in some regions of the country as the basic system of land allocation, despite being abolished in 1994 (Cousins, Pollard & du Toit, 2007).A PTO is acquired through a personal contract with the local government and traditional authorities.The rights conferred were considered to be personal rights and hence could not be registered in the official Deeds Registry.However, Louw (2013) makes the case that it should be simple to convert such forms of apartheid-era title to freehold, although this has not yet happened.
In the post-apartheid government South Africa's land allocation process is outlined in the Land Proclamation No. 58/1994 which its applicability is on all types of urban and rural land.The general rules are: i.
Land shall be allocated, according to plan, agricultural usufruct or leasehold.To ensure these rights, right holders shall be given by the Ministry of Land, Water and Environment allocation certificate/lease agreement which form an integral part of this regulation and is attached herewith.ii.
Subject to Land Proclamation, land allocated to right holders shall be utilized without delay.If the holders' right is terminated due to the failure to utilize the land without good cause, holders shall vacate the land at their own expense.iii.
To prevent allocation of land to holders with sole aim of holding land idle, the size of land to be allocated shall be proportionate to the planned aim.iv.
Constructing a dwelling house within land allocated for business shall not be permitted.Nonetheless, where the business is hotel or housing real estate, such restriction shall not be applicable.In buildings of stories, there may be stories and rooms for dwelling as well as business.v.
Tax shall be paid for agricultural usufruct.Annual rent shall be paid for leasehold until the expiry of the lease duration.Lease agreement may be renewed upon the expiry of its duration.vi.
There shall be very simple and not time consuming process of screening and determination that follows clear procedure and formalities and uses nationwide application forms and certificates that are attached herewith and considered part of this regulation whereby right holders may apply for urban or rural land.Right holders shall observe and defend this spirit in order for the services given to them be speedy, clear, non-discriminatory, just and guarantee of holders' and Government's right.vii.
Upon right holders' indication of the location where they desire to be allocated land, their request shall be taken into consideration, but the location of the land to be allocated shall be determined by the Government.viii.
Land to be allocated for every right holder shall, to the extent possible, have standard size throughout the nation.ix.
Subject to Proclamation No. 58/1994, land shall be allocated to citizens who have fulfilled their national duties and applied for land.Any allocated land as well as any immovable erected over land shall be caused to be registered in the land registry by the right holder.x.
Sale, exchange or mortgage of land by right holders shall be prohibited by law and punishable crime.Save for land allocated for agricultural usufruct, sub-leasing other land shall be prohibited and punishable crime.xi.
Any immovable property erected over land may be sold, exchanged, transferred or mortgaged.Where the land transfers to other person, all changes shall be caused to be registered by the transferee.Nonetheless, dwelling house may be sold or exchanged after it is completely constructed and habitation certificate is given from the concerned authority through the Ministry of Land, Water and Environment.xii.
Subject to Proclamation 58/1994, all land allocated prior to the issuance of this legal notice shall be caused to be registered by the right holder.Seeing to it that such registration is made shall be the responsibility of the Ministry of Land, Water and Environment.

Constitution of the Republic of South Africa, 1996
According to the Constitution of the Republic of South Africa (1996) "the state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth".It is, however, not only the state that is prohibited from practising unfair discrimination.South African Labour Legislation also prohibits such actions by employers.It unequivocally states that "unfair discrimination is prohibited, either directly or indirectly, against an employee on any arbitrary ground, including but not limited to race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, marital status, or family responsibility".

Gender Mainstreaming
Gender mainstreaming is an approach to policy-making that takes into account both women's and men's interests and concerns.Gender mainstreaming is a set of processes designed to integrate gender perspectives into policies.It seeks to engage with and transform the conventional planning structure that embraces male interest by inculcating gender representation within the public (employment sector) and private (households).Women and men have different needs, living conditions, and circumstances, including unequal access to and control over power, resources, human rights, and institutions, including the justice system.The situations of women and men also differ according to country, region, age, ethnic or social origin, or other factors.The aim of gender mainstreaming is to take into account these differences when designing, implementing, and evaluating policies, programmes, and projects so that they benefit both women and men and do not increase inequality but enhance gender equality.To facilitate and inculcate women's interests through institutionalising consultation, empowerment, and participation in policymaking (Akinola, 2018).Lastly, to solve sometimes hidden gender inequalities.It is therefore a tool for achieving gender equality.
The Constitution of the Republic of South Africa Act, 1996 The Land Reform: Provision of Land and Assistance Act, 1993 (Act No. 126 of 1993), empowers the Minister to, amongst other things, lease any property contemplated in the said Act.The land acquired to further the objectives of the Proactive Land Acquisition Strategy is leased or disposed in accordance with the provisions of this Act.

Conclusion
Gender stereotype and cultural practices influence the process of allocation of resources.The perception of gender in communities contributes a lot the inequalities existing today.The way society has labelled women to be, contribute a lot to women's suffering, their culture of dependence and lack of participation in community meeting.The existing inequalities begins at childhood whereby female children are taught to perform household duties such as cooking and cleaning because they regarded as a female job.The belief in femininity and masculinity made men to overpower and have control over women while women remain to be the subordinates.The criteria used to allocate land favours men because they are regarded as the household providers.Lack of women participation in community meeting is caused by their inability to own land or have control over their family's inheritance.There is unequal sharing of power within household whereby men are the ones who make decisions has left women powerless.
(Act No. 108 of 1996)enjoins the State to take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.The provisions of this Policy are consequently about access and equity as opposed to revenue generation.Act No 48 of 1961) empowers the President to, amongst other things, lease State land.These powers were assigned to the predecessor to the Minister of Agriculture, Land Reform and Rural Development in July 1995 in respect of land located in former homelands.The powers therefore vest in the Minister of Agriculture, Land Reform and Rural Development in succession. (